" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
House of Representatives Office of Congressional Ethics Review No. 10–1170 


steuser on CDPSPC2PFRM with REPORTS
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

58–387 

" ! HOUSE OF REPRESENTATIVES 

111TH CONGRESS

1st Session 

REVIE

2010

10–

OFFICE OF CONGRESSIONAL ETH

UNITED STATES HOUSE OF 

REPRESENTATIVES 

————— 

Report and Findings 

Transmitted to the 

Committee on Standards of Official Conduct 

on July 30, 2010 

and released publicly pursuant to H. Res. 895 of t

110th Congress as amended 

July 2010 


steuser on CDPSPC2PFRM with REPORTS
(II) 

OFFICE OF 

CONGRESSIONAL ETHICS 

BOARD 

UNITED STATES HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

DAVID SKAGGS, Chair 

PORTER GOSS, Co-Chair 

YVONNE BURKE 

KAREN ENGLISH 

ALLISON HAYWARD 

JAY EAGEN 

WILLIAM FRENZEL 

ABNER MIKVA 

Leo J. Wise, Chief Counsel & Staff Director 

Kedric L. Payne, Investigative Counsel 


steuser on CDPSPC2PFRM with REPORTS
(1) 

REPORT 

Review No. 10–1170 

The Board of the Office of Congressional Ethics (the ‘‘Bo

a vote of no less than four members, on July 23, 2010, ado

following report and ordered it to be transmitted to the Co

on Standards of Official Conduct of the United States H

Representatives. 

SUBJECT: Representative Solomon P. Ortiz 

NATURE OF THE ALLEGED VIOLATION: During the 

riod from March 2008 to May 2010, Representative Sol

Ortiz participated in various Congressional Delegatio

abroad. These public statements attributed to Representat

indicate that he may have retained excess per diems tha

ceived during the trips. 

If Representative Ortiz’s actual meal and incidental 

during for foreign travel were less than the per diem rece

he did not return the excess per diem, he may have violate

Rule 10, clause 8, and House Rule 23, clauses 1 and 2. 

RECOMMENDATION: The Board recommends that t

mittee on Standards of Official Conduct further Review th

allegations. 

VOTES IN THE AFFIRMATIVE: 6 

VOTES IN THE NEGATIVE: 0 

MEMBER OF THE BOARD OR STAFF DESIGNAT

PRESENT THIS REPORT TO THE COMMITTEE ON 

ARDS OF OFFICIAL CONDUCT: Leo Wise, Staff Director 

Counsel. 


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TABLE OF CONTENTS 

I. INTRODUCTION .....................................................................................

A. Summary of Allegations ..............................................................

B. Jurisdictional Statement .............................................................

C. Procedural History ......................................................................

D. Summary of Investigative Activity ............................................

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THAT REPRESE

ATIVE ORTIZ RECEIVED PER DIEM IN EXCESS OF HIS ACT

MEAL AND INCIDENTAL EXPENSES DURING CERTAIN COD

AND RETAINED THE EXCESS PER DIEM .....................................

A. Applicable Law, Rules, and Standards of Conduct ...................

1. House Rules ..............................................................................

2. Federal Travel Regulation and Other Guidance ....................

B. Representative Ortiz Made Public Statements Indicating 

He May Have Retained Excess Per Diem ...............................

C. Representative Ortiz’s Use of Per Diem for Expenses Other T

Meal and Incidental Expenses Provides Substantial Reaso

Believe That He Had Excess Per Diem and He Did Not Re

Excess Per Diem ........................................................................

D. Estimates of Representative Ortiz’s Meal and Incidental Expe

Provide Substantial Reason to Believe That His Excess Per D

Was More Than a De Minimis Amount for Certain CODELs 

E. Representative Ortiz Did Not Return Any Excess Per Diem 

Meals and Incidental Expenses ...............................................

1. CODEL Skelton ........................................................................

2. CODEL Schiff ...........................................................................

3. CODEL Costello ........................................................................

III. CONCLUSION ..........................................................................................

IV. INFORMATION THE OCE WAS UNABLE TO OBTAIN ....................


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(3) 

1 Rules of the House of Representatives, 111th Cong. Rule X, Clause 8, adopted u

5, 111th Cong. (January 6, 2009). 2Letter from the Speaker of the House to House Committee Chairmen, dated M

(Exhibit 1 at 10–1170l002). 3Memorandum of Interview of Commission on Security and Cooperation in E

Manager, June 3, 2010 (Exhibit 2 at 10–5477l006); Memorandum of Interview of 

mittee on Foreign Affairs Travel Coordinator, June 2, 2010 (Exhibit 3 at 10–5477

Memorandum of Interview of House Armed Services Committee Travel Coordina

2010 (Exhibit 4 at 10–5477l014). 

FINDINGS OF FACT AND CITATIONS TO LAW 

Review No. 10–1170 

On July 23, 2010, the Board of the Office of Congression

(the ‘‘Board’’) adopted the following findings of fact and 

panying citations to law, regulations, rules and standard

duct (in italics ). The Board notes that these findings do 

stitute a determination of whether or not a violation act

curred. 

I. INTRODUCTION 

1. The Rules of the 111th Congress were adopted by 

House of Representatives on January 6, 2009. Rule 10, c

provides that House Members and staff on official foreign t

ceive reimbursement for their official expenses at the less

the applicable per diem; or (2) the actual expenses incur

Rules of the 110th Congress included the identical provis

this rule, Members of the House imposed on themselves a 

ment that per diem in excess of actual expenses is to be r

The Speaker of the House recently underscored this requ

and restated the rule that ‘‘[a]ny per diem provided to m

or staff is intended to be expended only for official 

related to the trip. Excess funds are to be returned 

Treasury. . . .’’ 2

2. During this Review, various committees which autho

eign travel and the U.S. Department of State all informed 

fice of Congressional Ethics (‘‘OCE’’) that many Members 

use per diem properly, comply with the rule and return ex

diem. The House Committee on Foreign Affairs, the Hou

mittee on Armed Services, the Commission Security and 

tion in Europe, and the Bureau of Legislative Affairs of 

Department of State each has staff responsible for collec

recording the return of excess per diem from Members a

According to the officials, Members and staff routinely re

cess per diem to these entities. 3

3. Notwithstanding the rule and the compliance by man

bers and staff, several Members claimed that it is common 

by some to use per diem for purposes other than official 

and to retain excess per diem. While this practice may se


steuser on CDPSPC2PFRM with HEARING
4 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ Wall St. J., M

(Exhibit 5 at 10–1170l017). 5Memorandum of Interview of Representative Solomon Ortiz, June 15, 2010 (‘‘

(Exhibit 5 at 10–1170l022). 6 A preliminary Review is ‘‘requested’’ in writing by members of the Board of th

request for a preliminary Review is ‘‘received’’ by the OCE on a date certain. Acc

Res. 895 of the 110th Congress (hereafter ‘‘the Resolution’), the timeframe for condu

liminary Review is 30 days from the date of receipt of the Board’s request. 7 According to the Resolution, the Board must vote on whether to conduct a secon

view in a matter before the expiration of the 30-day preliminary Review. If the Boa

a second-phase, the second-phase begins when the preliminary Review ends. The s

Review does not begin on the date of the Board vote. 

consistent with the rationale for a per diem approach to 

travel expenses without need for itemized accounting, it 

less appears to be contrary to the rule the House adopted 

which many Members evidently do comply. The Board det

that fairness dictates upholding the standard stated in the 

adhered to by many, rather than excusing a practice of no

ance, however pervasive. 

4. Representative Ortiz acknowledged publically before 

mencement of the OCE’s Review that he did not return pe

During the Review, he acknowledged that he used per diem 

penses other than meals and incidentals, indicating that he 

cess per diem. 5

A. SUMMARY OF ALLEGATIONS

5. Based on the information presented before the Office 

gressional Ethics (‘‘OCE’’), there is substantial reason to 

that Representative Solomon Ortiz may have violated Ho

10, clause 8 and House Rule 23, clauses 1 and 2, by retai

cess per diem when his actual meal and incidental expen

less than the per diem that he received during various 

sional Delegation trips (‘‘CODELs’’). 

B. JURISDICTIONAL STATEMENT

6. The allegations that were the subject of this Review 

Representative Ortiz, a Member of the United State House 

resentatives from the 27th District of Texas. The Resolu

United States House of Representatives adopted creating 

directs that, ‘‘[n]o review shall be undertaken . . . by the 

any alleged violation that occurred before the date of ado

this resolution.’’ The House adopted this Resolution on M

2008. Therefore, the conduct under Review occurred afte

11, 2008. 

C. PROCEDURAL HISTORY

7. The OCE received a written request for a preliminary 

in this matter signed by at least two members of the B

April 12, 2010. The preliminary Review commenced on A

2010. 6 The preliminary Review was scheduled to end on 

2010. 

8. At least three members of the Board voted to initia

ond-phase Review in this matter on May 11, 2010. Th

phase Review commenced on May 14, 2010. 7 The second-p

view was scheduled to end on June 28, 2010. 


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8 Id. at § 1(c)(2)(A)(ii) (2008). 9Letter from Solomon P. Ortiz to Leo Wise (‘‘Ortiz Letter), dated July 21, 2010 (

10–1170l024–025). 10 H. Res. 895 of the 110th Congress, as amended, Section 1(c)(1)(A). 

9. The Board voted to extend the 45-day second-phase R

an additional 14 days on June 21, 2010, as provided for u

Res 895. Following the extension, the second-phase Rev

scheduled to end on July 12, 2010. 8

10. Representative Ortiz submitted a written statemen

Board, under Rule 9(B) of the OCE’s Rules for the Condu

vestigations, on July 21, 2010. 9

11. The Board voted to refer the matter to the Comm

Standards of Official Conduct for further Review and adopt

findings on July 23, 2010. 

12. This report and findings in this matter were transm

the Committee on Standards of Official Conduct on July 3

D. SUMMARY OF INVESTIGATIVE ACTIVITY

13. The OCE requested documentary and testimonial 

tion from the following sources: 

(1) Representative Ortiz; 

(2) House Committee on Armed Services; 

(3) House Committee on Armed Services Travel Coordi

(4) House Committee on Foreign Affairs; 

(5) House Committee on Foreign Affairs Travel Coordin

(6) Commission on Security and Cooperation in 

(‘‘CSCE’’); 

(7) CSCE Office Manager; 

(8) Bureau of Legislative Affairs of the United States 

ment of State; and 

(9) United States Air Force Congressional Liaison Offic

II. THERE IS SUBSTANTIAL REASON TO BELIEVE THA

RESENTATIVE ORTIZ RECEIVED PER DIEM IN EXC

HIS ACTUAL MEAL AND INCIDENTAL EXPENSES D

CERTAIN CODELS AND RETAINED THE EXCESS PE

14. The Board recognizes that the per diem rule cont

House Rule 10, clause 8 is under the jurisdiction of th

Committee on Rules. 

15. Based on the facts presented before the Board, th

tions in this Review also implicate House Rule 23, clause

2, which are under the jurisdiction of the Committee on S

of Official Conduct. 

16. Regardless of which committee the House determin

propriately address these issues, the OCE has jurisdictio

view alleged violations of ‘‘any law, rule, regulation, or othe

ard of conduct applicable to the conduct of [a] Member, o

employee in the performance of his duties or the dischar

responsibilities.’’ 10

A. APPLICABLE LAW, RULES, AND STANDARDS OF CONDU

1. HOUSE RULES

17. Pursuant to House Rule 10, clause 8(b): 


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11 41 C.F.R. § 300–3.1 (emphasis added). 12 Id. 13 Id. 14 Id. 

‘‘The following conditions shall apply with respect to tra

side the United States or its territories or possessions . 

A member or employee shall be reimbursed for the expen

such individual for a day at the lesser of— 

(A) the per diem set forth in applicable Federal law; or 

(B) the actual, unreimbursed expenses (other than for tra

tation) incurred during that day.’’ 

18. Pursuant to House Rule 23, clause 2: 

‘‘A Member, Delegate, Resident Commissioner, officer, or 

ployee of the House shall adhere to the spirit and the lett

the Rules of the House and to the rules of duly constitute

mittees thereof.’’ 19. Pursuant to House Rule 23, clause 1: 

‘‘A Member, Delegate, Resident Commissioner, officer, or 

ployee of the House shall conduct himself at all times in 

ner that shall reflect credibility on the House.’’ 

2. FEDERAL TRAVEL REGULATION AND OTHER GUIDANC

20. House Rule 10, clause 8(b), incorporates by reference F

law governing the use of per diem. Specifically, Public Law 9

governs per diem provided to congressional travelers. Per die

are established under 5 U.S.C. § 5702 and the Federal Trav

lation, 41 C.F.R. chs. 300–304. 

21. The ‘‘per diem allowance (also referred to as subsistenc

lowance) is a daily payment instead of reimbursement for act

penses for lodging, meals, and related incidental expe

The per diem allowance is separate from transportation expe

and other miscellaneous expenses.’’ 11

22. Lodging expenses include ‘‘expenses, except lodging tax

the United States, for overnight sleeping facilities, baths, per

use of the room during daytime, telephone access fee, and ser

charges for fans, air conditioners, heaters, and fires furnishe

room when such charges are not included in the room rate.’’ 

23. Meal expenses are ‘‘expenses for breakfast, lunch, dinn

related tips and taxes (specifically excluded are alcoholic bev

and entertainment expenses, and any expenses incurred for o

persons).’’ 13

24. Incidental expenses are ‘‘(1) Fees and tips given to port

baggage carriers, bellhops, hotel maids, stewards or steward

and others on ships, and hotel servants in foreign countries; 

Transportation between places of lodging or business and pla

where meals are taken, if suitable meals cannot be obtained a

TDY site; and (3) Mailing cost associated with filing travel v

and payment of Government sponsored charge card billings.

25. ‘‘Per Diem consists of two components: the lodging rate 

the M&IE. Per diem rates are established by the Department 

State for foreign cities. The foreign per diem rates are establi

monthly by the Department of State based on actual reported 

of hotel, meals and incidental expenses in individual cities a

the world. Therefore, routine expenses are usually well within 


steuser on CDPSPC2PFRM with HEARING
15 United States Department of State Bureau of Legislative Affairs, Official Foreign T

Guide for the U.S. Congress. (Exhibit 8 at10–1170 l045). 16 41 C.F.R. ch. 301, App. B. 17 House Rule 10, clause 8. 18 Brody Mullins and T.W. Farnam, ‘‘Lawmakers Keep the Change,’’ Wall St. J

2010 (Exhibit 5 at 10–1170l017). 19 Id. 20Ortiz MOI (Exhibit 6 at 10–1170l022). 

per diem rates and it is sufficient to authorize per diem paym

based on those rates.’’ 15

26. Under the Federal Travel Regulation, the allocation of 

and incidental expenses (‘‘M&IE’’) rates that is used in maki

ductions from the M&IE are as follows: 15% for breakfast, 25

lunch, 40% for dinner, and the remainder for incidental expe

For example, if the M&IE for a specific city was $100 per day

was allocated as $15 for breakfast, $25 for lunch, $40 for din

and $20 for incidental expenses. 16

27. According to The United States Department of State B

of Legislative Affairs Official Foreign Travel Guide publishe

the U.S. Congress, Members are advised the following: 

28. The House has adopted a general rule for all committe

per diem allowance (the set rates) in excess of actual expenses 

not be retained. 17

B. REPRESENTATIVE ORTIZ MADE PUBLIC STATEMENTS INDIC

THAT HE MAY HAVE RETAINED EXCESS PER DIEM

29. On March 2, 2010, the Wall Street Journal publishe

ticle entitled ‘‘Lawmakers Keep the Change.’’ 18

30. Statements attributed to Representative Ortiz indic

he may have retained excess per diem that he received du

CODELs. 

31. According to the article: ‘‘Mr. Ortiz, said he never 

any money.’’ 19

32. During an interview with OCE, Representative O

firmed that he never returned any excess per diem. 

C. REPRESENTATIVE ORTIZ’S USE OF PER DIEM FOR EXPENSE

THAN MEAL AND INCIDENTAL EXPENSES PROVIDES SUBS

REASON TO BELIEVE THAT HE HAD EXCESS PER DIEM AND 

NOT RETURN EXCESS PER DIEM

33. Representative Ortiz told the OCE that he is not su

had any excess per diem, but if he did it was a small am


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21 Id. 22Ortiz Letter (Exhibit 7 at 10–1170l022). 23 Id. 24 Id. 25 Id. 

34. In instances where he returned to the U.S. with ex

diem, he used it for expenses such as providing meal

staff. 21

35. Representative Ortiz’s use of the per diem for purpos

than his personal meals and incidental expenses suggests 

actual meal and incidental expenses were less than the p

that he received. 

36. As a result, there is substantial reason to believe t

resentative Ortiz had excess per diem after certain CODEL

D. ESTIMATES OF REPRESENTATIVE ORTIZ’S MEAL AND INCIDE

PENSES PROVIDE SUBSTANTIAL REASON TO BELIEVE THAT 

CESS PER DIEM WAS MORE THAN A DE MINIMIS AMOUNT F

TAIN CODELS

37. Representative Ortiz told the OCE that he did not m

a complete record of expenses that he incurred on CODELs 

attended during the time period from March 2008 to May 

38. Based on the information before the OCE, the exact 

of his meal and incidental expenses for each CODEL is u

39. Consequently, the OCE used an estimate of expens

termine whether it appeared that Representative Ortiz reta

cess per diem that was more than a de minimis amount. 

40. The OCE Board notes that the sole purpose of the e

meal and incidental expenses is to determine if there is su

reason to believe that the Member had excess per diem t

more than a de minimis amount. The estimates are not 

to be used to conclude the exact amount of any excess p

that the Member may have retained. 

41. If an estimate is not used, a House Member or st

impede the enforcement of Rule 10, clause 8, by simply n

taining any records of his or her actual expenses. 

42. Representative Ortiz’s description of his typical mea

cidental expenses provides the basis for estimating his expe

43. Representative Ortiz’s meals during CODELs falls 

following three categories: 

(a) meals that were provided to him at no charge. Rep

tive Ortiz stated that there are days when no such m

provided: 23

(b) meals that were paid for by military personnel esco

CODEL purchased and later sought reimbursement fr

resentative Ortiz. Most meals were purchased in this 

These are the meals where multiple Members of Cong

staff attend and the military escort (e.g., U.S. Air Force 

paid for the dinner on behalf of all participants and t

an invoice to each person for their portion of the bill. O

ally, Representative Ortiz reimbursed the escort with 

while on the return flight to the U.S: 24 and 

(c) meals that Representative Ortiz directly pays for h


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26 Id. at 10–1170l021. 27 Id. at 10–1170l022. 28 Id. 29Memorandum of Interview of House Armed Services Travel Coordinator, June 

hibit 4 at 10–1170l013). 

44. With respect to incidental expenses, Representati

used per diem for taxis, however, he noted that sometime

transportation was provided at no cost to him. He also used 

diem for tips. 26

45. As a result, the invoice received from the military es

each CODEL, along with the itinerary of meals that were 

at no charge to Representative Ortiz, provided an estima

meal expenses other than occasional evening meals that 

chased directly himself. 

E. REPRESENTATIVE ORTIZ DID NOT RETURN ANY EXCESS PE

FOR MEALS AND INCIDENTAL EXPENSES

46. Representative Ortiz does not recall any instance of 

turning excess per diem to the U.S. Treasury. 27

47. He does not recall anyone instructing him to retur

per diem. 28

48. Procedures were in place at the time of Representa

tiz’s travel for him to return any excess per diem. 

49. All of the relevant CODELs were organized by th

Armed Services Committee, except for CODEL Costello. 

50. The House Armed Services Committee Travel Coo

who is responsible for reporting the amount of per diem th

bers received, explained that those attending CODELs ar

encouraged to return excess per diem. The Committee 

have any written guidance but orally instructs Members a

to return excess per diem to the U.S. Treasury. 29

51. There is substantial reason to believe that Repres

Ortiz had excess per diem for certain CODELs and he did 

turn per diem, even when there were procedures in place 

to return the per diem. 

52. Although, the available evidence does not establish t

amount of actual expenses for Representative Ortiz’s C

after estimating meal and incidental expenses, there is su

reason to believe that Representative Ortiz retained ex

diem from the following CODEL: 


steuser on CDPSPC2PFRM with HEARING
30M&IE Per Diem calculated using travel itineraries; the monthly per diem rates 

by the Office of Allowances, United Sates Department of State; and where appli

vouchers and travel authorization letters. 31 Estimated expenses were calculated using 41 C.F.R. § 301, Appendix B, wh

rates to be used when making deductions from the M&IE allowance. The table und

B indicates, based on the M&IE rate, how much is expected to be allocated for brea

dinner, and incidentals. 32See Itinerary for CODEL Skelton (February 18 to February 21, 2009) (Exhib

1170l048–073); monthly per diem rates established by the Office of Allowances, U

Department of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 33 Itinerary for CODEL Skelton (February 18 to February 21, 2009) (Exhib

1170l048–073); and 34 41 C.F.R. ch. 301 App. B. 

1. CODEL SKELTON

Summary of Estimated Excess Per Diem 

CODEL DATE M&IE 

Per Diem30

Estimated 

Expenses 31

CODEL Skelton to Hawaii, Guam, 

Japan, and South Korea Feb 18 to 

Feb 21, 2009 

$365.00 ≅ $264.00 

CODEL Schiff to Jordan, 

Tunisia, and Algeria Jun 27 to 

Jul 3, 2009 

$668.00 ≅ $449.00 

CODEL Costello to Brazil, 

Argentina, and Panama Jan 29 to 

Feb 3, 2009 

$485.00 ≅ $299.00 

Total $1,518.00 ≅ 1,012.00 

53. During CODEL Skelton to Hawaii, Guam, Japan, an

Korea, Representative Ortiz received enhanced per diem f

and incidental expenses in the amount of $365.00. 32

54. According to the CODEL itinerary, at least five meal

to have been provided at no cost to the Representatives 

tended the CODEL. 33

55. Representative Ortiz’s meal and incidental expen

were incurred are estimated on the Federal Travel Regula

location formula. 34

56. The estimated amount of meals and incidental exp

$264.00. 


steuser on CDPSPC2PFRM with HEARING
35See Travel Voucher for CODEL Schiff (Exhibit 10 at 10–1170l075); Itinerary 

Schiff (June 27 to July 3, 2009) (Exhibit 11 at 10–1170l077–081); and monthly pe

established by the Office of Allowances, United States Department of State <availab

aoprals.state.gov/web920/perldiem.asp>. 36 Itinerary for CODEL Schiff (June 27 to July 3, 2009) (Exhibit 11 at 10–1170

37Letter from Colonel David Furness to Representative Solomon Ortiz, dated Ju

(Exhibit 12 at 10–1170l083). 

57. Accordingly, the estimated excess per diem is $101.00

Codel Skelton to Hawaii, Guam, Japan, and South Korea 

(February 18 to February 21, 2009) 

Meals & 

Incidentals 

Feb 18 Feb 19 Feb 20 

Breakfast Hosted Hosted ≅ $19 

Lunch ≅ $30 Hosted ≅ $31 

Dinner Hosted Hosted ≅ $20 

Incidentals ≅ $24 ≅ $24 ≅ $25 

M&IE Received 

Estimated for M&IE 

Remaining 

58. Representative Ortiz told the OCE that he did no

any per diem for this CODEL. 

59. There is substantial reason to believe that Repres

Ortiz had excess per diem for CODEL Skelton that he did 

turn to the U.S. Treasury. 

2. CODEL SCHIFF

60. During CODEL Schiff to Jordan, Tunisia, and Alge

resentative Ortiz received an enhanced per diem for M&I

amount of $668.00. 35

61. According to the itinerary for CODEL Schiff, at 

meals appear to have been provided at no cost to Represe

who participated in the seven-day trip. 36

62. Following the CODEL, Representative Ortiz owed 

tary escort $103.40, for meals and other expenses that 

curred on behalf of Representative Ortiz. 37


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38 41 C.F.R. ch. 301 App. B. 

63. An invoice was sent to Representative Ortiz, dated 

2009. 

64. The amount of M&IE per diem remaining after th

meal expenses is $565.00. 

65. Representative Ortiz may have incurred incidental 

in addition to those in the Air Force expenses sheet. T

penses are estimated on the Federal Travel Regulations a

formula. 38

66. The estimated amount of additional incidental exp

$346.00. 


steuser on CDPSPC2PFRM with HEARING
39See Itinerary for Codel Costello (January 29 to February 3, 2009) (Exhibi

1170l085–094); monthly per diem rates established by the Office of Allowances, U

Department of State <available at http://aoprals.state.gov/web920/perldiem.asp>. 40 Itinerary for Codel Costello (January 29 to February 3, 2009) (Exhibit 13 at 10–

094). 41 41 C.F.R. ch. 301 App. B. 

67. Accordingly, the estimated excess per diem is $219.00

Codel Schiff to Jordan, Tunisia, and Algeria (June 27 to July 3, 2009) 

Meals & 

Incidentals 

Jun 27 Jun 28 Jun 29 Jun 30 Jul 1 Jul 2 

Breakfast Billed ≅ $19 ≅ $19 ≅ $15 ≅ $14 ≅ $14 

Lunch Billed ≅ $32 Billed ≅ $25 Hosted ≅ $24 

Dinner Hosted ≅ $51 Hosted Hosted Hosted Hosted 

Incidentals ≅ $25 ≅ $25 ≅ $26 ≅ $19 ≅ $19 ≅ $19 

M&IE Received 

Billed 

Estimated M&IE 

Estimated Excess Per Diem 

68. Representative Ortiz told the OCE that he did no

any per diem for this CODEL. 

69. There is substantial reason to believe that Repres

Ortiz had excess per diem for CODEL Schiff that he did no

to the U.S. Treasury. 

3. CODEL COSTELLO

70. During CODEL Costello to Brazil, Argentina, and 

Representative Ortiz received per diem for M&IE in the am

$485.00. 39

71. According, to the CODEL itinerary, at least nine m

pear to have been provided at no cost to Representatives 

tended the CODEL. 40

72. Representative Ortiz’s meal and incidental expen

were incurred are estimated on the Federal Travel Regula

location formula. 41

73. The estimated amount of meals and incidental exp

$299.00. 


steuser on CDPSPC2PFRM with HEARING
42 House Ethics Manual (2008) at 13. 

74. Accordingly, the estimated excess per diem is $186.00

Codel Costello to Brazil, Argentina, and Panama 

(January 29 to February 3, 2009) 

Meals & 

Incidentals 

Jan 27 Jan 28 Jan 29 Jan 30 Feb 1 Feb 2 

Breakfast --- Billed Hosted Hosted Hosted ≅ $14 

Lunch --- Hosted Hosted Hosted ≅ $24 ≅ $24 

Dinner Hosted Hosted ≅ $41 $60* Hosted ≅ $39 

Incidentals $0.00 ≅ $17 ≅ $21 ≅ $21 ≅ $19 ≅ $19 

M&IE Received 

Estimated M&IE 

Estimated Excess Per Diem 

75. Representative Ortiz told the OCE that he did no

any per diem for this CODEL. 

76. There is substantial reason to believe that Repres

Ortiz had excess per diem for CODEL Costello that he di

turn to the U.S. Treasury. 

III. CONCLUSION 

77. Pursuant to House Rule 10, clause 8, House Mem

posed on themselves a restriction on the use of per diem fo

travel. Specifically, House Members and staff may recei

bursement for expenses that is the lesser of: (1) the applic

diem; or (2) actual expenses. 

78. Pursuant to House Rule 23, clause 2, House Memb

adhere to the spirit and the letter of the rules. Accordingl

Rule 10, clause 8, requires the return to the U.S. Treasur

per diem that a Member receives that is in excess of the M

actual expenses. 

79. Pursuant to House Rule 23, clause 1, House Memb

conduct themselves at all times in a manner that sha

credibility on the House. Representative Ortiz’s public sta

indicate that he may have retained excess per diem. As 

if there is a violation, it implicates House Rule 23, clause 1 

it may be considered flagrant. 42

80. Based on the information available to the OCE du

Review, Representative Ortiz’s meals and incidental expen

less than the per diem he received to cover these expense

the following CODELs: CODEL Skelton; CODEL Sch

CODEL Costello. 

81. Based on the information available to the OCE du

Review, Representative Ortiz did not return any excess p

for meal and incidental expenses. Therefore, there is su

reason to believe that he may have violated House Rule 1

8; House Rule 23, clauses 1 and 2. 


steuser on CDPSPC2PFRM with HEARING
82. For these reasons, the Board recommends that th

mittee on Standards of Official Conduct further Review th

described allegations concerning Representative Ortiz. 

IV. INFORMATION THE OCE WAS UNABLE TO OBT

83. The OCE requested information from the U.S. Depar

State concerning letters of authorization for certain COD

records of Representative Ortiz returning excess per diem. 

Department of State was cooperative with retrieving the 

tion but was unable to acquire proper authorization to rel

documents to the OCE before the end of this Review. 


steuser on CDPSPC2PFRM with HEARING